Many people make this same mistake, and think that fair use has to do with whether or not any money exchanges hands, or whether it's public or private, but that's not really the case at all.
That is not a mistake. Extent, nature and intent... notably influence whether a copyright holder will *ever* perceive something as harmful, and take action against it. What is permissible is sometimes not determined by theoretic interpretability of a single law -- but also its practical application, realistic applicability and occasional conflicts with other laws.
So, no: making an illegal/unauthorized copy of a piece of intellectual property for your own personal, private use - whether or not you include a copyright statement on the packaging - is _not_ exempt from prosecution as an infringement, because it is _not_ fair use.
Exceptions exist, even outside the arguable realm of fair use. For example -- oftentimes one may copy, for one's own personal use (and nobody else's use) material which one is licensed to use, even if the license does not mention that particular way of copying.
Laws in multiple countries give a licensee of copyrighted material either a full or limited (but unrestrictable by licensor)
right to backup (and use the backup copy if they cannot access the original).
Furthermore, if a backup cannot be made to identical format and media (or this would harm the effectiveness of the backup against data loss), the right to backup will often extend -- to decoding, recoding and storing in different format, onto different media.
Essentially, when direct backup is complicated, the right to backup takes us into the land of derivative works -- possibly even reverse engineering. Derivatives and engineering which are not authorized, but may be permissible regardless -- to protect investment, and exercise rights which one has been granted.
Yes. They do infringe on the trademarks and copyrights of the copyright owners (not the distributors, unless they also happen to be the copyright owners).
In strictest interpretation, this would make even attaching a label to a disk case infringement -- a peculiar form of creating a derivative work.
Let's call a spade a spade.
Utterly and completely agreed.
Let us not confuse rakes with spades.
If one steps on a rake, it can have dire consequences.
Stepping on a spade can be slippery, but won't cause
quite the same effects.
